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![handle is hein.animal/aldfup0010 and id is 1 raw text is: A :F itdate
Volume X, Number 1. Fall 2005 / Winter 2006
In This Issue
Developments Involving Dogs Page 1 Information on Equine Law Page 5
News Regarding Wildlife Page 4 In the News Page 8
The Latest about Farm Animals Page 4 Announcements/Editor's Note Page 8
F
Note: Attorneys may contact ALDF to
obtain referenced pleadings files (PF)
]
DEVELOPMENTS INVOLVING DOGS
$35,000 Settlement for Wrongful Death of Dog; Violation of Public Disclosure Act
First Washington court to award damages for loss of companionship related to the death of an
animal;
ALDF-Supported Project
Pasco, WA -In August 2004, Amara Pimentel filed a lawsuit against Bruce and Sandy Young of
Tr-City Animal Control (TCAC) concerning the alleged premature killing of her dog, Kilo, after he
was impounded as potentially dangerous in September 2003. Kilo was not accused of biting any
person or nonhuman animal; in fact, he never injured any person, animal, or property.
As stated in her declaration, Bruce Young and his now-deceased son Nicholas Young agreed to
work with Ms. Pimentel as she attempted to comply with the city requirements for keeping
potentially dangerous dogs, even beyond the 72-hour compliance period set by Pasco ordinance.
Despite daily contact and an approval of the kennel by their son, TCAC killed Kilo without notice
to Ms. Pimentel. After encountering much resistance to an investigation, Ms. Pimentel hired
attorney Adam Karp to obtain records from TCAC describing what happened to Kilo. It was not
until after Ms. Pimentel filed suit, and an order from the court, nearly 465 days later, that the
records in the matter were provided as required by the Public Disclosure Act.
On July 5, 2005, Franklin County Superior Court Judge Carrie Runge penalized Bruce Young and
TCAC $11,550 plus attorney's fees for violating the Public Disclosure Act in bad faith. On the
same date, she also denied TCAC's motion to strike Ms. Pimentel's request for damages related to
her loss of Kilo's companionship. It is believed that Judge Runge is the first Superior Court judge in
Washington State to allow loss of companionship damages related to the death of a nonhuman
animal. Though the case was set for jury trial in August, the matter was settled for the
unprecedented sum of $35,000, including $1250 for costs and fees related to TCAC's repeated
violation of the civil rules of discovery--for a ttal of $36,250. This is believed to be one of the
largest settlements/judgments/verdicts for the death of a dog in the State of Washington While
TCAC and the Youngs continue to maintain their innocence, Judge Runge had already concluded
that they violated the Public Disclosure Act in bad faith (Pimentel v. Young, Franklin County
Superior Ct., No. 04-2-50598-7), Attorney Adam Karp, PF 284.70
A NEWSLETTER FOR ATTORNEY MEMBERS OF THE ANIMAL LEGAL DEFENSE FUND
170 East Cotati Avenue - Cotati, California 94931 (707) 795-2533 - www.aldf org
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